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2022 (6) TMI 1099 - AT - Income TaxRevision u/s 263 - Reassessment proceedings - What is the material before the AO which led him to believe escapement of income from tax due to non-returning of capital gain on the sale of land by the assessee/s during the relevant year in the instant case? - HELD THAT:- As the instant are revision proceedings, separate and distinct from the reassessment proceedings, which can be said to have attained finality, and which cannot be lightly, if at all, disturbed. The present case would be covered by the principle of law enshrined in the legal maxim “sublato fundamento cadit opus”, i.e., when the cause (foundation) is removed, the effect (consequent action) ceases. As explained by the Apex Court in Kiran Singh vs. Chaman Paswan [1954 (4) TMI 48 - SUPREME COURT] an order passed by an authority without jurisdiction is a nullity, and its invalidity can be challenged whenever and wherever it is sought to be enforced or relied upon. It is this principle, it may be noted, that prevailed with the Tribunal in the cases cited by the assessee, as indeed with the Hon'ble High Court in Keshab Narayanan Banerjee vs. CIT [1998 (8) TMI 55 - CALCUTTA HIGH COURT]. It is to be noted that in the present case there was no occasion for the assessees to challenge the assessment proceedings inasmuch as there was acceptance of the returned income. The assessee’s challenge to the reassessment proceedings in the instant, collateral proceedings is thus valid. We, in view of the foregoing, uphold the challenge to the revision of the assessments under reference and, further, hold the impugned revision/s as bad in law. The assessee/s succeeds.
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